R. v. Xaver s/o Janda, Crim. Rev. 46-D-68, 27/5/68 Duff J.

R. v. Xaver s/o Janda, Crim. Rev. 46-D-68, 27/5/68 Duff J. 

Five separate criminal case files were opened in respect of accused, containing three counts of housebreaking, one of shop breaking and stealing, four of simple theft, and one of burglary. Accused pleaded guilty to all charges. Sentences of imprisonment in four of the cases were ordered to run concurrently, the fifth sentence being made consecutive, resulting in a sentence of 5 years’ imprisonment. Sentences of Corporal Punishment were involved in the sentence ordered to run consecutively, the total being 48 strokes. The severity of the sentence was due in part to the magistrate’s concern at the accused ’s substantial record of previous convictions.

            Held: In view of the previous convictions of accused, the imposition of 5 years’ imprisonment was not excessive. However, “there was no need to open five separate cases,

And … the nine counts could have been made the subject of one case file …. I do not consider it fair or proper .. that forty-eight strokes of corporal punishment should have been imposed, and had the charges been preferred in on case only, one sentence of corporal punishment would have been imposed having regard to the provisions of section 10 of the Corporal Punishment Ordinance, Cap. 17.” Sentences of imprisonment upheld: directed that only one sentence or corporal punishment, or 24 strokes, be imposed.